When a couple gets divorced, one of the first questions addressed is what will happen to the children. In many cases, the parents come to an agreement prior to the dissolution of marriage and a timesharing schedule is established. Later, however, one of the parents may wish to modify the schedule, perhaps to better suit a new change in lifestyle. This can certainly be done, but it is important to look at what the law books say before jumping right to filing a petition.
Florida Statute 61.13 Relocation
Everything that relates to timesharing, including modifications, can be found in Florida Statute §61.13. Subsection (2)(c) states that time-sharing cannot be modified without “a showing of a substantial, material, and unanticipated change of circumstances.” Additionally, whether a certain set of circumstances is considered changed in this manner will be determined by the courts.
When drafting timesharing schedules, the court system strongly leans towards finality in case resolution (hence why the court’s decision is called the “final judgement”). As a result, the party seeking timesharing modification has an extraordinary burden they must meet to convince the court that change is necessary. This line of logic has been upheld several times by the appeals court system, as well as the Florida Supreme Court itself (see Wade v. Hirschman for more information).
Due to this incredibly high standard, it is necessary for the petitioning party (the person seeking modification) to develop a strong argument backed up by powerful evidence. To do this, the petitioning party must examine what has changed since the dissolution of marriage. Many different events can occur since a divorce, but some of these hold less weight than others.
Relocation is a very common post-divorce event for both parties. One party may decide to move out of the state for a change of lifestyle, while another party may decide to move back home to be closer to the children. In either case, a valid relocation when children are involved requires specific paperwork to be filed (see our blog on Relocation for more). However, relocation on its own is insufficient to warrant a substantial change in circumstance. Additional elements are required to strengthen its argumentative potential. For instance, if the parent relocated to a different state to take care of a relative who recently became ill, that would be “unanticipated” and further bolster the petitioner’s argument.
What exactly constitutes a “substantial, material, and unanticipated” change in circumstances will vary on a case-to-case basis. There is no one-size-fits-all, silver bullet answer that can convince every family law judge in the state of Florida. If you are seeking a modification of timesharing, you will need a seasoned family law attorney who can analyze your case from all angles and fight for the outcome you desire. Call Hendry & Parker, P.A., in Dunedin, at 727-205-5555 today for a free consultation.